Briefing Doc – 17F-H1717033-REL
Administrative Hearing Briefing: Janicek v. Sycamore Vista No. 8 HOA
Executive Summary
This briefing document synthesizes the key findings and legal proceedings in case number 17F-H1717033-REL, wherein Petitioner Jay Janicek filed a complaint against Respondent Sycamore Vista No. 8 HOA. The petition was ultimately denied by an Administrative Law Judge (ALJ), a decision formally adopted and finalized by the Commissioner of the Arizona Department of Real Estate.
The core of the dispute centered on the Petitioner’s allegation that the HOA’s fee structure violated its Covenants, Conditions, and Restrictions (CC&Rs). Specifically, Janicek argued that payments made by his first-level association to a master association for common area expenses—most egregiously for a roadway loan—were improper because the benefits were not distributed equally among all homeowners.
The denial of the petition hinged on a critical failure of proof by the Petitioner. The CC&Rs define “Common Areas” by referencing a plat map (“Exhibit B”) that was not submitted into evidence by the Petitioner. Without this crucial document, it was impossible to prove that the fees collected by the HOA were for purposes outside the scope of the CC&Rs. Furthermore, the Petitioner failed to provide any legal authority or provision within the governing documents requiring that association fees be “even-handed or equally beneficial to all homeowners.” A secondary argument regarding the “rule against perpetuities,” introduced post-hearing, was also addressed and dismissed by the ALJ as legally inapplicable to the matter.
Case Overview
The following table outlines the principal parties and details of the administrative hearing.
Case Detail
Information
Petitioner
Jay Janicek
Respondent
Sycamore Vista No. 8 HOA
Respondent’s Counsel
Evan Thompson, Thompson Krone PLC
Respondent’s Representative
Steve Russo
Case Number
17F-H1717033-REL
Docket Number
17F-H1717033-REL
Hearing Date
July 12, 2017
Presiding Judge
Dorinda M. Lang, Administrative Law Judge
Hearing Observers
John Shields, Margery and Mathew Janicek
Petitioner’s Allegations
The petition filed by Jay Janicek alleged that Sycamore Vista No. 8 HOA was in violation of its governing CC&Rs. The central arguments presented were:
• Unequal Distribution of Costs and Benefits: The Petitioner contended that expenses paid by the Respondent association to the Sycamore Vista Master Home Owner’s Association (“Master HOA”) did not benefit all homeowners equally. The most “egregious” example cited was the payment toward a loan for a roadway within the master development.
• Violation of CC&Rs: The Petitioner argued that this unequal cost burden was a direct violation of Article 11, Section 11.5 of the Respondent’s CC&Rs. This section stipulates:
• Discrepancy Among Associations: The Petitioner asserted that another first-level association within the master development receives more benefit from the common areas but does not pay into the Master HOA.
• Rule Against Perpetuities: In a post-hearing submission, the Petitioner introduced a new argument that a “rule against perpetuities” was at stake in the matter.
Adjudication and Findings of Fact
The Administrative Law Judge’s decision was based on the Petitioner’s failure to meet the required burden of proof through a preponderance of the evidence.
Evidentiary Failure
The Petitioner’s case failed primarily due to a lack of sufficient evidence to prove a violation of the CC&Rs.
• Missing ‘Exhibit B’: The definition of “Common Areas” was essential to the case. According to Article 1, Section 1.6 of the CC&Rs, these areas are delineated on a plat that was supposed to be attached as “Exhibit B.”
• Critical Finding: The ALJ noted, “Unfortunately, there was no plat attached to the document that was offered into evidence and it was not to be found among the other exhibits. Therefore, Petitioner was unable to establish that Respondent’s fees pay for anything that is not provided for in the CC&Rs.”
• Petitioner’s Concession: The Petitioner did not dispute the Respondent’s argument that the Master HOA fees, including those for roads, were for Common Areas.
Lack of Legal Authority
The Petitioner’s core premise—that fees must be proportional to benefits received—was not substantiated by legal or documentary support.
• The ALJ found that the “Petitioner offered no legal authority that requires that all first level associations must pay the same into a master association or that all homeowners must receive the same benefit from or contribute the same amount (or even a proportionate share) to the common areas.”
• The argument that association fees were “disproportionately heavy” was not established to be a violation of any provision in the CC&Rs.
Post-Hearing Submissions
The record was held open until August 1, 2017, allowing for additional documentation from both parties.
• Petitioner (Exhibit 6): Submitted financial documentation, emails, and the argument concerning the rule against perpetuities.
• Respondent (Exhibit H): Submitted a Notice of Lien and attachments. This exhibit demonstrated that, regarding a lien for water services on properties not part of the Respondent HOA, the “Respondent’s homeowners are not responsible for it.”
Conclusions of Law and Final Decision
Based on the evidence and arguments presented, the ALJ denied the petition, a decision later finalized by the Arizona Department of Real Estate.
Denial of Petition
• The primary conclusion of law was that the “Petitioner has not established that Respondent is in violation of its CC&Rs.”
• The payment for Common Areas was found to be in comportment with the CC&Rs.
Rejection of Key Arguments
• Equal Benefit: The ALJ explicitly concluded: “Petitioner has offered no legal authority or provision of the CC&Rs that requires the association fees to be even-handed or equally beneficial to all homeowners.”
• Rule Against Perpetuities: While this argument was not part of the original petition, the ALJ addressed it to “lay a concern to rest.” The judge explained that the rule, which states that property ownership must vest within a lifetime plus 21 years, evolved from estate law and does not apply to HOA property sales where ownership vests immediately in the developer or a new owner. The judge concluded, “the rule against perpetuities does not apply to a homeowner’s association and it clearly does not apply in this matter.”
Timeline of Orders
1. July 12, 2017: An “Order Holding Record Open” was issued by ALJ Dorinda M. Lang.
2. August 14, 2017: The “Administrative Law Judge Decision” was issued, ordering that the Petitioner’s petition be denied.
3. August 21, 2017: A “Final Order” was issued by Judy Lowe, Commissioner of the Department of Real Estate, adopting the ALJ’s decision and officially denying the petition.
Post-Decision Procedures
The Final Order, effective August 21, 2017, concluded the administrative action and outlined the subsequent options available to the parties.
• The order is binding unless a rehearing is granted. A request for rehearing must be filed within 30 days of the service of the final order.
• A rehearing may be granted for the following causes:
1. Irregularity in the proceedings or any order or abuse of discretion that deprived a party of a fair hearing.
2. Misconduct by the Department, ALJ, or the prevailing party.
3. Accident or surprise that could not have been prevented by ordinary prudence.
4. Newly discovered material evidence that could not with reasonable diligence have been discovered and produced at the original hearing.
5. Excessive or insufficient penalties.
6. Error in the admission or rejection of evidence or other errors of law occurring during the proceeding.
7. The findings of fact or decision is arbitrary, capricious, or an abuse of discretion.
8. The findings of fact or decision is not supported by the evidence or is contrary to law.
• Parties may appeal the final administrative action by filing a complaint for judicial review.
